Flywheels Powersports, LLC representatives offer goodwill service; meaning that we will attempt to repair, adjustment, alter, and calibrate your property as long as you agree to the following terms:
Service does not imply an on-going warranty of repair, and; Only the specific areas requested will be addressed, and; All decisions to complete warranty repairs are decided by Flywheels Powersports, and; Flywheels Powersports is in no way creating a warranty or obligation of any kind by attempting “goodwill” service to the vehicle.
FLYWHEELS POWERSPORTS, LLC HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE RELATING TO THIS REPAIR AND ALL GOODS AND SERVICES UTILIZED AND/OR PERFORMED IN CONJUNCTION WITH THIS REPAIR, and; Flywheels Powersports will not be liable for any damage to your vehicle or its contents due to fire, theft, an act of nature, or any cause beyond the Dealership’s control.
Flywheels Powersports representatives will operate your vehicle on public streets for testing purposes in connection with its rendering of repairs; To provide a full description of any issues that may arise during a test ride.; Flywheels Powersports, LLC will not be liable for damage sustained during the test ride of my vehicle, to which Flywheels Powersports agrees to reciprocate.
Flywheels Powersports does not provide free storage, and; Upon notification of a completed service request you will pick up your vehicle within 3 business days, and if unable, you agree to pay Flywheels Powersports the currently posted storage rate per day, and; You will pick-up and store your vehicle in situations when parts cannot be obtained in a timely manner as determined by Flywheels Powersports.
You agree to pay one hour of labor (at the currently posted rate) for each individual Warranty Service request to compensate for diagnostic and administrative time spent to completing all non-warranty or warranty claim to a manufacturer**, and; Flywheels Powersports will NOT return replaced parts to you unless they are paid for and requested directly by you, and; You agree to pay, upfront, for special order parts, and; You may be required to pay a core charge for parts or a down-payment for labor to complete the repairs requested above.
Flywheels utilize Flywheels utilizes Diagnostic Labor Rate Model whenever possible.
What does that mean? To determine the root cause of the problem, a basic diagnostic charge is assessed at the intake of your machine. The problem or problems are evaluated and quoted to you to make an educated decision on approving the repair. We want the owner to be involved with the repair of their vehicle. This process allows the owner to understand why their machine is malfunctioning and allows them to make a decision based on what they think the value of their unit is. It is also extremely transparent to the Customer.
In some cases, A Flat Rate Quote will be provided as opposed to a diagnostic hourly rate.
What does that mean? A quote is provided based on a “flat rate” manual or computer program that provides the average time it takes an experienced technician to perform a given car repair. That flat-rate time is then multiplied by the shop’s hourly labor rate to reach the total labor charge for the service. The flat-rate pricing model is a system that allows shops to give fair and consistent auto repair estimates while paying their technicians based on ability.
For special deals, a menu pricing model is used to package parts and labor at a discount.
What does this mean? Services that require minimal effort and parts can be discounted to promote the use of our services. In other words, we provide you with a discount to get you in the door in hopes that you will use us for your future sales and service needs.
Charges for labor may not always be based on actual mechanic’s time, but are established by multiplying Rush’s labor rate by industry time allowances or Rush’s own judgment of the time to be charged. If an estimate is provided, Customer will not be charged more than the estimated price approved by Customer. However, if Flywheels discovers that different or additional repairs are indicated, Customer will be contacted for authorization to make such additional repairs. Authorization may be given by Customer orally or in written form, including email. In the event that Customer authorizes commencement but does not authorize completion of a repair or service, a charge will be imposed for disassembly, reassembly, or partially completed work. Such charge will be directly related to the actual amount of mechanic’s time and/or parts involved in the inspection, repair, or service performed. Flywheels will submit warranty claims on behalf of Customer for manufacturers for whom it is authorized to perform warranty service; However, the Customer understands and agrees that they are responsible for full payment for any Services provided that are not covered by warranty. Flywheels are not responsible for any loss, damage, or other liability caused by, arising from, or related to repair or maintenance work recommended by Flywheels that is declined by the Customer. Customer agrees that Flywheels employees may operate Customer’s vehicle for purposes of facilitating the repairs, including but not limited to diagnosing, road testing, and sublet services.
MAINTENANCE, SERVICE & REPAIRS
1. Parties to this Agreement; Definitions.
As used in this Agreement, the terms:
“Flywheels” shall mean the Flywheels repair facility identified in the Service Authorization, estimate, work order, online request or other ordering document;
“Customer” shall mean the Customer identified in the Service Authorization, estimate, work order, online request or other ordering documents;
“Manufacturer(s)” shall mean the entity or entities that manufactured the Parts used in the Services;
“Part(s)” shall mean the new and/or used parts, components, accessories or materials used in the Services; and
“Services” means the repair and/or maintenance services performed by Flywheels for Customer, together with the Parts.
2. WARRANTY DISCLAIMERS AND LIMITATIONS
LIMITED WARRANTY ON SERVICES: Flywheels warrants that the Services will be performed in a good and workmanlike manner (“Services Warranty”). The Services Warranty is valid for a period of 30 days from the date the Services are performed. Customer’s sole and exclusive remedy, and Flywheels’s entire liability under the Services Warranty, is the repair of any nonconforming portion of the Services. The Services Warranty is valid only if the vehicle is returned, at Customer’s expense, to one of Flywheel’s repair facilities. Any claim for repairs to be performed by other than a Flywheels facility must be approved in writing by Flywheels prior to commencement of any work. The Services Warranty extends only to the Customer for whom the Services were provided and not any subsequent purchaser. FLYWHEELS PROVIDES NO OTHER WARRANTIES CONCERNING ITS SERVICES AND DISCLAIMS ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED.
PARTS – MANUFACTURER WARRANTIES ONLY: Any warranties on any Parts are limited only to those written warranties provided by the applicable Part’s manufacturer. EXCEPT FOR ANY SUCH WARRANTIES MADE BY MANUFACTURERS, THE PARTS ARE SOLD WITHOUT ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, EACH OF WHICH IS EXPRESSLY DISCLAIMED.
NO OTHER WARRANTIES: EXCEPT AS SET FORTH ABOVE, FLYWHEELS EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED. Flywheels neither assumes nor authorizes any other person to assume for it any liability in connection with the services or any parts provided to customer in conjunction with the services.
3. Rates; Authorization; Additional Repairs.
Flywheel’s charges for labor are not based on actual mechanic’s time, but are established by multiplying Flywheel’s labor rate by industry time allowances or Flywheel’s own judgment of the time to be charged. If an estimate is provided, Customer will not be charged more than the estimated price approved by Customer. However, if Flywheels discovers that different or additional repairs are indicated, Customer will be contacted for authorization to make such additional repairs. Authorization may be given by Customer orally or in written form, including email. In the event that Customer authorizes commencement but does not authorize completion of a repair or service, a charge will be imposed for disassembly, reassembly, or partially completed work. Such charge will be directly related to the actual amount of mechanic’s time and/or parts involved in the inspection, repair, or service performed. Flywheels will submit warranty claims on behalf of Customer for manufacturers for whom it is authorized to perform warranty service; however Customer understands and agrees that it is responsible for full payment for any Services provided that are not covered by warranty. Flywheels is not responsible for any loss, damage, or other liability caused by, arising from, or related to repair or maintenance work recommended by Flywheels that is declined by Customer. Customer agrees that Flywheels employees may operate Customer’s vehicle for purposes of facilitating the repairs, including but not limited to diagnosing, road testing, and sublet services.
4. OEM Parts.
Customer acknowledges that estimates for non-warranty repairs may include parts not made by the original manufacturer. Parts used in the non-warranty repair of customer’s vehicle by other than the original manufacturer are required to be at least equal in like kind and quality in terms of fit, quality and performance to the original manufacturer parts they are replacing.
5. Sublet Repairs.
Customer acknowledges that portions of the repairs may be provided by a subcontractor hired by Flywheels and Customer hereby authorizes all sublet repairs that Flywheels, in its sole discretion, may deem necessary.
6. Damage; Theft.
Flywheels is not responsible for loss of or damage to the vehicle due to or arising from fire, weather, theft or any other cause except the sole negligence of Flywheels. Further, Flywheels is not responsible for any loss or damage to articles of personal property that have been left in the vehicle or for loss or damage to bodies, trailers or special equipment, including any cargo, materials or supplies carried on or in such bodies, trailers or special equipment, whatever the cause.
7. Payment; Storage Fees.
The decision to store a vehicle on Flywheels Powersports property is a choice made solely by the vehicle owner. During the repair period storage is provided free of charge. If the vehicle described herein is not picked up within three (3) days after such notice is given, Flywheels may charge daily storage fees at rates that are ordinary and customary for the area, but not to exceed $15.00 per day or the maximum rate allowable by applicable law. Also, see Mechanic’s Lien. All charges for repairs including labor and materials furnished are due and payable simultaneously with the delivery of the within described vehicle or prior to delivery upon the expiration of three (3) days after notice to Customer that the repairs have been completed.
8. Mechanic’s Lien; Lien Sale; Collection.
In addition to any and all other legal remedies available to Flywheels, Customer authorizes and acknowledges an express mechanic’s lien in favor of Flywheels on the vehicle described herein for all charges for repairs, including labor and parts, storage and/or towing. Customer authorizes and acknowledges that if payment in full is not received within ten (10) days after Flywheels has notified the Customer that the repairs are completed: (i) Flywheels may, in accordance with applicable state law, begin lien sale proceedings and sell the vehicle at public auction; and/or (ii) Flywheels may refer such account to its attorneys or a collection agency for collection.
9. Governing Law; Venue; Time to Commence Action.
Except to the extent that the laws of the United States may apply or otherwise control this Agreement, the rights and obligations of the parties hereunder shall be governed by, and construed and interpreted in accordance with the laws of the state in which Flywheels is located, without regard to conflict of law principles. The mandatory venue for any claim, litigation, civil action, or any other legal or administrative proceeding (“Action”) involving any controversy or claim between or among the parties to this Agreement, is the county and state in which Flywheels is located. Customer has one (1) year from the accrual of any cause of action arising from the purchase of the Services to commence an Action against Flywheels.
10. LIMITATION OF DAMAGES.
CUSTOMER AGREES THAT IN THE EVENT OF ANY ACTION BROUGHT BY CUSTOMER AGAINST FLYWHEELS, CUSTOMER SHALL NOT BE ENTITLED TO RECOVER ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES AS DEFINED IN THE UNIFORM COMMERCIAL CODE, INCLUDING, BUT NOT LIMITED TO INDIRECT OR SPECIAL DAMAGES, LOSS OF INCOME, OR ANTICIPATED PROFITS, OR DOWN-TIME, OR ANY PUNITIVE DAMAGES.
11. Fees and Expenses of Actions.
In any Action, whether initiated by Flywheels or Customer, where the Customer has a right, pursuant to statute, common law, or otherwise, to recover reasonable attorneys’ fees and costs in the event it prevails, Customer agrees that Flywheels shall have the same right to recover reasonable attorneys’ fees and costs incurred in connection with the Action in the event that Flywheels prevails.
12. Waiver; Severability; Entire Agreement.
No waiver of any term of this Agreement shall be valid unless it is in writing and signed by Flywheel’s authorized representative. If any provision or part of any provision of this Agreement shall be deemed to violate any applicable law or regulation, such invalid provision or part of a provision shall be inapplicable, BUT the remaining part of that provision and the remainder of the Agreement shall continue to be binding and enforceable. This Agreement constitutes the entire agreement and understanding between the parties hereto and supersedes any and all prior agreements and understandings, oral or written, relating to the subject matter hereof.
13. Communication Consent; Use of Customer Data.
Flywheels may use information Customer provides Flywheels, including but not limited to email addresses, cell phone numbers, and landline numbers (“Customer Data”) to contact Customer for purposes related to this account, including debt collection, and for marketing and sales purposes. You also authorize Flywheels and its affiliates to use and disclose Customer Data to third parties for any purpose in an anonymous or aggregated form that does not identify Customer. In addition, Customer Data and vehicle maintenance service and repair information arising from or created as a result of maintenance and repair services provided by Flywheels to Customer, including vehicle owner information, vehicle identification numbers, and vehicle specifications (“Vehicle Repair Data”), may be provided to vehicle/component manufacturer(s) and the vehicle/component manufacturer(s) dealers, and their respective service management platform providers (“Maintenance Third Parties”) and used by Flywheels and such Maintenance Third Parties to support and enhance vehicle repair services provided to Flywheels and the Maintenance Third Parties’ customers. You also authorize Flywheels and the Maintenance Third Parties to use and disclose Vehicle Repair Data to third parties for any purpose in an anonymous or aggregated form that does not identify Customer.
CERTIFICATE OF INSPECTION AGREEMENT
Flywheels Powersports, herein referred to as Flywheels, us or we, and our inspectors are experienced powersports professionals and will provide their professional opinion on their findings about the vehicle. The *inspection certificate* report includes the condition of body and paint, dents, scratches, tires and wheels, glass/composite, interior, missing parts, oil leaks, electrical items, and drive train performance. The vehicle will be started and, if possible, the vehicle will be test driven to verify transmission and engine operation. In short, the inspector will look over the interior and exterior of the vehicle for any obvious damage. These vehicle inspections are based on what is seen and heard through the eyes and ears of our inspectors. In some cases, the inspection may be limited by the vehicle, equipment, or installed accessories, as decided by the inspector.
During all inspections we will try to arrange a test drive on all vehicles during an inspection; a test drive may not be performed for a number of reasons. These reasons could include; a refusal of the vehicle's current owner / seller to allow a test drive or drive the vehicle as owner and insured, safety issues, weather conditions (especially if it is a classic car inspection), if the vehicle does not have a valid registration or the minimum insurance required by law, and/or any other reason that will not permit a test drive. A test drive is not required for an inspector to complete an inspection and if the inspector is unable to perform a test drive for any reason we will try to reflect this in our reports.
Flywheels Powersports does not provide advice or express our opinion as to whether you should purchase or decline to purchase any vehicle we inspect. Furthermore, this report is for information purposes only and are NOT to be considered a recommendation for or against your decision to purchase or reject a vehicle; the decision to purchase or reject a vehicle needs to be made by you and you alone.
Most inspections are completed within 2 to 3 normal business days (Monday through Friday except holidays) and the reports are made available at the earliest time possible (normally by the following day). We do not guarantee the time to complete an inspection due to certain unpredictable circumstances that must be taken into consideration such as the available schedule of the vehicle's seller and the inspector to come to an agreeable day/time for the inspection.
If you are the buyer, you (customer/person ordering the inspection) must notify the seller of your intent to have us perform an inspection and have the seller agree to the inspection. All vehicles are to be inspected at 4425 S 84 th Street. In some cases, special arrangements may be made to inspect vehicles off-site. If an off-site inspection is arranged and the inspector arrives at the vehicle location and is not permitted to perform any part of the inspection or the entire inspection then you will be liable for the whole cost of the inspection; furthermore, there will be an additional fee of up to the original fee for the inspector to return to the vehicle for any re-inspection ordered.
You agree that the vehicle must be cleaned of dirt, mud, debris, snow, ice, and any other material by the seller prior to the inspection in order for our inspector to provide an accurate inspection as to the condition of the body, paint and interior as well as any other areas of the vehicle that may hide damage that may go undetected by the inspector. Also, certain weather and lighting conditions will certainly affect the accuracy in many cases and may affect the inspector's ability to perform an accurate inspection. (See paragraph below for other details about the accuracy of the inspection).
The inspection performed will be accurate at the time of inspection as to the items listed on the Flywheels inspection certificate report form and at the time the vehicle is inspected, however, since the vehicle will be fully assembled, it is impossible for the inspector to see potential failures that are internal to the engine, transmission, driveline, electrical system or other components and there is the possibility of impending failures due to possible intermittent conditions that are not evident at the time of the inspection or otherwise not presented or noticed during the inspection process. If an item is not listed on the inspection report it does not mean that it was not inspected; rather it was not found as having an issue/failure at the time of inspection. Therefore, in no way does the inspection and condition report constitute a guarantee or warranty that the vehicle will not breakdown in the future or have hidden damage, past or present, that was undetected during the inspection or omitted from the report. If a vehicle had previous repairs performed, the inspector's opinion will be limited to the part of the repairs that are visible only. You should assume that underlying damages may be present but not able to be seen by the inspector since the vehicle will be fully assembled.
You agree that we are providing you with the inspector's professional opinion as to the condition of the vehicle that is inspected at the time of the inspection and as seen through the inspector point of view and opinion only. The inspector's opinion may differ from yours or any another person as if you or any other person were to inspect the same vehicle. Therefore, the inspector may have a different opinion as to the vehicle's condition than you. Any guarantee as to the vehicle's condition will remain between the seller and the buyer. You agree that Flywheels Powersports will not be held liable for any missed damages or failures or omissions from the report as to the condition of the vehicle. You also acknowledge that certain weather conditions, light or the cleanliness of the vehicle may hinder the inspectors ability to detect imperfections with the vehicle such as interior defects, damages, wear and tear to the vehicle or previous body or paint work that may have been performed. Cold weather will also prevent the ability to determine the performance of certain systems while under severe loads of high heat and humidity.
We offer extended warranties for some vehicles at an extra cost to help you protect your vehicle. The only warranty against future failures of any vehicle after the inspection has been performed is to purchase an extended warranty that covers a vehicle's various components (see warranty details of covered components on our warranty page of this web site).
Any special requests made for the inspection will be handled to the extent possible and the inspector will make a reasonable effort to inspect that additional item. However, we do not guarantee that the item will be inspected to your specifications. Reference to the additional item will be listed in the "Additional Comments" section of the report, you should assume that the item was not inspected. Unless the special request was specifically mentioned on the inspection report, you should assume that the item was only inspected in accordance with manufacturer standards. Mentions of after-market/non-stock components relates to the presence and not performance. Flywheels Powersports reserves the right to reject any inspection requests at our discretion.
By requesting an inspection from Flywheels Powersports, you agree not to hold us and or our inspectors or affiliates liable for any pneumatic, mechanical, electrical, or any meticulously hidden or undetected damage by the seller or any other failures that occur after the vehicle is purchased. You also agree that you waive any rights to hold us and our inspectors or affiliates liable for any damages (personal or physical) sustained from any inspection we perform on your behalf.
Inspection reports may contain links to internet web sites, services, resources, and the information provided by persons or companies that are not affiliated with our inspection services. These links are not endorsements or referrals of any products or services; they are merely informational resources and any information contained in such sources has not been endorsed or approved by Flywheels Powersports. No claims, promises, or guarantees about the completeness, accuracy, content or quality of information contained in the links to and from the inspection certificate are made.
Because the Services involve conveying information on a vehicle that is not owned by us or by a potential purchaser, Flywheels Powersports cannot and will not, for the fee charged for the Services, be an insurer or guarantor of the accuracy or reliability of the reports or services or the data contained in its various databases. FLYWHEELS POWERSPOTRS DOES NOT GUARANTEE OR WARRANT THE ACCURACY, TIMELINESS, COMPLETENESS, CURRENTNESS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE REPORTS OR SERVICES. Flywheels Powersports will NOT be liable to customer (you) for any loss or injury arising out of or caused by acts or omissions in providing the Reports or Services. Furthermore, Flywheels Powersports shall be liable for any delay or failure in its performance under this Agreement if and to the extent that such delay or failure is caused by events beyond the reasonable control of the party including, without limitation, acts of God, public enemies, terrorists, pandemics, zombies, labor disputes, equipment malfunctions, material or component shortages, supplier failures, embargoes, rationing, acts of local, state or national governments or public agencies, utility or communication failures or delays, fire, earthquakes, flood, epidemics, riots and strikes.
Flywheels will maintain and make available a copy of each inspection certificate for one (1) year. Inspections are considered to expire one (1) year from origination, which will require a new inspection.
Our reports are for your information only and are NOT to be considered a recommendation for or against your decision to purchase or reject a vehicle; the decision to purchase or reject a vehicle needs to be made by you and you alone. You also must understand that the inspection is merely an informational tool for you to help determine the vehicle condition so that you may have more information in order to help you make a decision, especially when you are unable to inspect the vehicle yourself or would like a professional opinion about the vehicle. By ordering an inspection from Flywheels Powersports you agree to this disclaimer in full.
I , request the vehicle listed below be inspected based on the parameters outlined in this agreement and the special requests made above. I have read and agree with the statements made in this agreement. I certify that I have the authority and/or have made the arrangements required to perform the requested inspection. I agree to pay Flywheels Powersports before any efforts are made to complete the requested inspection.